Accredited Mediators On The Move In Samoa

Accredited Mediators, known as “Tufuga o Faatofalaiga” or facilitators of negotiation, recently held their Annual General Meeting and elected a new Executive, comprising of President Tai’i Leiataualesa Jerry Brunt, Vice President Toleafoa Mara Hunter, Secretary Margaret Fruean, Treasurer Papalii Sonja Hunter, and Members – Savalenoa Mareva Betham-Annandale, Sifuiva Maureen Tuimalealiifano and and Maiava Aiolupotea Visekota Peteru.
The Alternative Disputes Resolution Act 2007, as amended in 2013 formally established mediation as a crucial method of dispute resolution in Samoa. The success of mediation is reflected in the high 75% – 80% success rate of dispute settlement which has been consistently achieved since the inception of mediation in 2013.
AMSA President Tai’i stated: “AMSA (Accredited Mediators of Samoa Association) continues to cooperate closely with the Court Annexed Mediation Unit of the Ministry of Justice and Courts Administration, to ensure that all civil cases referred for mediation are mediated within a 40 day period. This is a unique partnership between an NGO successfully collaborating with a Ministry of Government to achieve excellent outcomes for both Government and the public at large. AMSA’s success translates into the reduction of civil matters proceeding to Court hearings, reduced waiting time and reduced legal expenses for the parties involved. Taxpayers expenditure on Court costs and business costs expended on court proceedings, are significantly reduced and the relationships of the parties are often restored. These factors also contribute to a stable and peaceful Samoa. Simultaneously, lawyers have more time to devote to other legal matters.”
Successful mediation of disputes means that the parties have been able to discuss their issues confidentially and mediate a settlement by signing a confidential agreement which is referred to the Court for confirmation. The settlement agreement is then endorsed by the Court and has the same standing as an Order of the Court.
Mediation is uniquely suited to the Samoan way of life and “faa Samoa” tradition of consensus and peace-making through expression of “tofā” and through “fesilafaiga”. These terms refer to wisdom and meeting face to face to resolve disputes.
AMSA is seeking individuals interested in becoming accredited mediators, especially those who have the temperament to listen and impartially facilitate two parties in dispute. The candidates will be trained and accredited to an international level in the facilitative model of mediation. The training will be conducted in December 2017 for 24 candidates to add to AMSA numbers.
A mediation centre for Samoa is also in the pipeline and AMSA will seek regional assistance to realise this dream of being a regional and international centre for mediation and other types of dispute resolution.
Tai’i stated: We are excited about the future of mediation in Samoa and are planning national public awareness strategies for the whole of Samoa. We also note that private pre- litigation mediation is increasingly popular, where parties use private mediation to avoid initiating proceedings in Court. AMSA encourages the public to contact any of its Executive Council members to arrange private mediations. A list of current finance members is published in today’s Samoa Observer.
Photo: Accredited Mediators of Samoa Association (AMSA) members on the 2017 Teuila Festival Main Stage in front of the FMFMII Government Building in Beautiful Samoa.
L-R (Back) – Maiava Aiolupotea Visekota Peteru; Sifuiva Maureen Tuimalealiifano; Margaret Fruean,
Secretary. (Front) – Toleafoa Mara Hunter, Vice President; and Savalenoa Mareva Betham-Annandale.
(Absent) Tai’i Leiataualesa Jerry Brunt, President; Papali’i Sonja Hunter, Treasurer
 
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(Source: Samoa Tourism Authority Media Release 08 September 2017)